Open Forum
New Delhi, 18 April 2012
Voiceless Girl Child
PANEL CAN’T STAY POWERLESS
By Dr S Saraswathi (Former Director, ICSSR)
The miserable plight of the girl
child and merciless eradication of female foetus in parts of the country are
reported in the media almost daily, but have not provoked public anger to the
extent these should in a civilised society. They are all crimes and crimes with
an odious stigma of social devaluation of the female population.
Recent incidents like the brutal
killing of baby Afreen in Bangalore,
and the fight for male baby and abandonment of the girl baby in a hospital in
Rajasthan should make heads hang in shame. But, sadly it is not so. Worse, everyone
knows that for one incident exposed and legally pursued, there are hundreds
ignored and suppressed.
It is common knowledge that catching
the culprits and awarding punishment are not enough in gender-related issues without
a change in social attitudes. And in India, there are many obstacles in
the way of law and justice too. As in many spheres, there is no dearth of
progressive laws and regulations, but implementation is tardy. Law must act to
change and shape social attitudes also.
It is a sick society that helps
under-reporting of incidents of crimes against girl children, that positively
protects the offenders and aids suppression of evidence of crimes against women
and children, and wants the release or under-punishment of the guilty. The
crimes cannot be solely linked with ignorance and privations of the
socially-economically backward sections of the population, but travel
vertically to cover the well-to-do.
India is a signatory to the UN Convention
on Rights of Children (CRC), 1989, and has established the Commission for
Protection of Child Rights in 2007 under an Act of Parliament. Interestingly,
the same year witnessed a huge increase in crimes against children to an extent
of 7.6% of total crimes and an
incredible increase of 68.5% in foeticide cases compared to the previous year.
It is a shame that India, that is,
the legendary Bharat, tolerates female infanticide/foeticide though traditionally
children in any condition are venerated as worshipful objects and embodiment of
purity even for those under ceremonial purification. The contradiction is
nurtured by social- structural factors and is man-made and not inbuilt in
biological and other natural factors.
The CRC views children not as
recipients of services but as holders of rights. It upholds the right of
children to “self-determination” – a concept that cannot go with Indian
patriarchal system. It recognizes the right of children to form associations
and participate in decision-making processes at all levels. It contains 54
articles on civil, cultural, economic, political, and social rights. As a
signatory to this convention, the Government of India is committed to
protecting and ensuring children’s rights and is accountable to discharge this
commitment before the international community.
The Government of India has adopted
a National Charter for Children in 2003 to reiterate its commitment to children
and to see that no child remains hungry, illiterate, or sick. The charter makes
specific mention about taking appropriate measures to address the problems of
female infanticide and foeticide and all other emerging manifestations that
deprive the girl child of her right to survive with dignity.
It also provides that all children
have a right to be protected against neglect, maltreatment, injury, and
trafficking, sexual and physical abuse of all kinds, corporal punishment,
torture, exploitation, violence and degrading treatment.
Protection of the girl child is
ensured against all forms of discriminatory practices and abuses including
child marriage. The charter is so elaborate that it touches every aspect of
child life, and if implemented would make the life of children ideal and open a
uniformly bright future for all of them.
The Indian Penal Code
that is over 150 years old recognizes seven types of crimes against women.
Further, a number of special laws have also
been enacted to curb the practice of dowry, the atrocity of bride burning,
sex-determination tests, rape, sexual harassment at workplace, trafficking in women and children, and
eve-teasing.
For illegal
sex-determination tests, law prescribes punishments for concerned clients and
others seeking pre-natal diagnostic tests, medical practitioner, owner or
employee of the genetic counseling centre or laboratory or clinic, and for the
doctor involved in sex-selection.
Punishments vary and go up to imprisonment for three years and fine up
to Rs. 50,000 and even suspension of the registration of the doctor. But, we hear of few convictions.
Alas! Despite conventions,
charters, legislations, awarding punishments and existence of protective agencies,
abuse of children, and prejudice against girl child with corresponding
son-preference mentality continue unabated. As a result, census shows alarming
decline in sex ratio indicating that in some pockets polyandry may have to be
resorted to in view of scarcity of girls for marriage; the National Crime
Records Bureau records increasing crimes against women; and newspapers and news
channels frequently carry reports of horrifying stories of female infanticide
and foeticide committed by parents themselves, aided and abetted by close
relatives.
In many western
countries, children’s ombudsman is appointed to protect and promote the rights
and interests of children in general and specifically for particular categories
in need of special care. There is a European Network of Ombudspersons for
Children and also sub-regional networks.
The prompt and angry
reaction that India
expressed against retention of two Indian children by Norwegian authorities is
missing in the case of offences against children and the unborn within the
country. We have no reason to be proud of our record in child protection.
Is this apathy
largely due to failure of legal instruments, or powerlessness of protective agencies,
or social-ethical blindness? The first two in our society must engage in social
education as part of their activities.
Unfortunately, the
Children’s Commission’s activism does not meet the urgency and the gravity of the
situations. Our law, institutions, and authorities have to take the tasks
assigned to them to ensure rights and privileges not as half-hearted social
service but as important duties. The Commission must fulfil its mandate – its
role and functions and exercise all its powers lest they should lapse by
non-use.--INFA
(Copyright, India
News and Feature Alliance)
|